A.
The provisions of this chapter shall be administered and enforced
by a Zoning Officer who shall be appointed by the Board of Supervisors.
The Zoning Officer shall hold no elected office in the Township. The
Zoning Officer shall meet the qualifications established by the Township
and shall be able to demonstrate, to the satisfaction of the Township,
a working knowledge of municipal zoning.
B.
The Zoning Officer shall have all the powers and duties conferred
upon him by this chapter and the Pennsylvania Municipalities Planning
Code (Act 247 of 1968, as amended). The Zoning Officer's duties
shall include the following:
(1)
Receive and examine all applications for zoning certificates
and certificates of occupancy.
(2)
Process applications for zoning certificates and certificates
of occupancy for all permitted uses.
(3)
Receive applications for variances and forward these applications
to the Zoning Hearing Board for action prior to considering issuance
of a zoning certificate or certificate of occupancy for the proposed
use.
(4)
Receive applications for conditional uses and forward these
applications to the Planning Commission and Board of Supervisors for
recommendation and action prior to considering issuance of a zoning
certificate or certificate of occupancy for the proposed use.
(5)
Issue permits only where there is compliance with the provisions
of this chapter, with other Township ordinances and the laws of the
commonwealth.
(6)
Following denial of a zoning certificate or certificate of occupancy,
refer any appeal of the denial to the Zoning Hearing Board for action
thereon.
(7)
Conduct inspections and surveys to determine compliance or noncompliance
with this chapter.
(8)
Issue notices of violation in accordance with the requirements of § 200-1202, below. With the approval of the Board of Supervisors, or when directed by the Board, institute, in the name of the Township, any appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation so as to prevent the occupancy or use of any building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(9)
Revoke any order or permit issued under a mistake of fact or
contrary to the law or the provisions of this chapter.
(10)
Record and file all applications for zoning certificates and
certificates of occupancy with accompanying plans and documents, which
files shall be a public record.
(11)
Maintain the official Zoning District Map for the Township.
A.
Violations. Failure to comply with any provisions of this chapter;
failure to secure a zoning certificate prior to the erection, construction,
extension, structural alteration or addition to building or structure;
or failure to secure an occupancy permit for the use or change of
use or occupancy of structures or land shall be a violation of this
chapter.
B.
Enforcement notice. The enforcement notice shall contain the following
information:
(1)
The name of the owner of record and any other person against
whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with the procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or be payable until the date of the determination of a violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
(2)
Each day that a violation continues shall constitute a separate
violation, unless the Magisterial District Judge, determining that
there has been a violation, further determines that there was a good
faith basis for the person, partnership or corporation violating this
chapter to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the determination of a violation
by the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Township.
(3)
The Court of Common Pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
(4)
Nothing contained in this subsection shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this subsection.
D.
Causes of action. In case any building or structure is erected, constructed,
reconstructed, structurally altered, repaired, converted or maintained
or any building or structure or land is used in violation of this
chapter or of any other ordinance or regulation made under authority
conferred hereby, the Board of Supervisors or, with approval of the
Board of Supervisors, the Zoning Officer or other proper official,
in addition to other remedies, may institute in the name of the Township
any appropriate action or proceeding to prevent, restrain, correct
or abate such unlawful erection, construction, reconstruction, structural
alteration, repair, conversion, maintenance or use; to prevent the
occupancy of any building, structure or land; or to prevent any illegal
act, conduct, business or use which constitutes a violation.
E.
Penalties. Any applicant performing work at their direction who violates
or permits a violation of this chapter shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Township
before a magisterial district judge, pay a fine of not more than $500,
plus all court costs, including reasonable attorney's fees incurred
by the Township in the enforcement of this chapter. No judgment shall
be imposed until the date of the determination of the violation by
the magisterial district judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officials or agents of the Township are hereby authorized to issue
a cease and desist notice and/or to seek equitable relief, including
injunction, to enforce compliance herewith. No bond will be required
if injunctive relief is sought by the Township. Any entity who is
found by a court of competent jurisdiction to have violated this chapter
shall also be responsible for the Township's attorney's
fees, engineering fees, expert fees and court costs associated with
enforcement.
F.
Savings clause.
(1)
All ordinances or parts of ordinances not inconsistent with
the provisions of this chapter shall be and remain in full force and
effect, but any ordinance inconsistent with the provisions of this
chapter is hereby amended or repealed to the extent inconsistent with
the provisions of this chapter.
(2)
If any section, clause, phrase or provision of this chapter
or the application thereof to any person, firm or corporation shall
to any extent be held by court of competent jurisdiction to be invalid,
the remaining sections and provisions of the chapter shall remain
in full force and effect and shall in no way be affected, impaired
or invalidated.
A.
No land use may be established or changed; no structure or building
may be erected, constructed, reconstructed, structurally altered,
razed or removed; and no building or structure may be used or occupied
or the use changed until a zoning certificate has been obtained from
the Zoning Officer.
B.
In the instances where a building permit is required and applied
for, such application shall be considered to include both the building
permit and the zoning certificate. In those instances where no building
permit is required, an application for a certificate of occupancy
for a new or changed use of land or structure shall be considered
to include both the zoning certificate and the certificate of occupancy.
A.
In those instances where a zoning certificate is applied for, the
application shall be made in writing by the owner, tenant, vendee
under contract of sale or authorized agent, on a form supplied by
the Township and shall be filed with the Zoning Officer. The application
shall include the following information:
(1)
A statement as to the proposed use of the building, structure
or land.
(2)
A plan drawn to scale showing the location, dimensions and height
of proposed buildings, structures or uses and any existing buildings
in relation to property and street lines. If the application relates
to property scheduled to be developed in successive stages, such plans
shall show the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
(3)
The location, dimensions and arrangements of all open spaces
and yards, including methods to be employed for screening and landscaping.
(4)
The location, size, capacity and arrangement of all areas to
be used for vehicular access, off-street parking, off-street loading
and unloading and provision to be made for lighting such areas.
(5)
The dimensions, location and methods of illumination for signs,
if applicable.
(6)
The location and dimensions of sidewalks and all other areas
devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sewage and
industrial wastes, water supply and storm drainage.
(8)
The capacity and arrangement of all buildings used or intended
to be used for dwelling purposes, including the proposed gross density.
(9)
A description of any proposed industrial or commercial operations
in sufficient detail to indicate the effects of those operations in
producing noise, glare, air pollution, water pollution, fire hazards,
traffic congestion and other safety hazards.
(10)
Description of methods to be employed in controlling any excess
noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards.
(11)
Any other data deemed necessary by the Zoning Officer to determine
compliance with the applicable provisions of this chapter.
B.
Where the information required for a zoning certificate duplicates
the information required for a building permit and the application
is being considered a combined application, submission of one drawing
with the required information will meet the requirements for both
applications.
A.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building, structure or lot, or part thereof, until a certificate
of occupancy has been issued therefor by the Zoning Officer. Said
certificate of occupancy shall state that the proposed use of the
building, structure or land conforms to the requirements of this chapter.
B.
Certificates of occupancy shall be applied for coincident with the
application for a building permit and shall be acted upon within five
working days after inspection by the Zoning Officer of the work completed
under a building permit.
C.
Certificates of occupancy for a new use or changed use where no building
permit is required shall be part of the application for a zoning certificate
and shall be acted upon by the Zoning Officer within 15 days of submission
of a completed application for a zoning certificate.
D.
A temporary certificate of occupancy may be issued by the Zoning
Officer for a period not exceeding six months to permit partial occupancy
of a building while work is being completed, provided that such temporary
certificate of occupancy may require such conditions and safeguards
as may be warranted to protect the health and safety of the occupants
and the public.
E.
Failure to obtain a certificate of occupancy shall be a violation
of this chapter and shall be subject to enforcement remedies as provided
in this chapter.
F.
The Zoning Officer shall maintain a record of certificates of occupancy
and copies shall be furnished, upon request, to any person having
a proprietary or tenancy interest in the building or lot affected.
The Township Planning Commission has been created in accordance with Article II of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended) to fulfill the advisory role to the Board of Supervisors in the administration of this chapter and Chapter 178, Subdivision and Land Development.
A.
Membership.
(1)
The membership of the Planning Commission shall consist of five
members, all of whom shall be residents of the Township. At least
three of the five members shall be citizen members and shall not be
officers or employees of the Township.
(2)
The term of office for each member shall be four years and the
terms of no more than two members shall expire in any calendar year.
(3)
When any vacancies occur, the Chairman shall promptly notify
the Board of Supervisors and the Board shall fill the vacancy for
the unexpired portion of the term.
B.
Duties of the Planning Commission.
(1)
The Planning Commission shall, at the request of the Board of
Supervisors, have the power and shall be required to:
(a)
Prepare the Comprehensive Plan for the development of the Township
in accordance with the requirements and procedures set forth in the
Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended)
and present it for consideration by the Board of Supervisors.
(b)
Maintain and keep on file records of its action. All records
and files of the Planning Commission shall be in the possession of
the Board of Supervisors.
(2)
The Planning Commission, at the request of the Board of Supervisors,
may:
(a)
Make recommendations to the Board of Supervisors concerning
adoption or amendment of an official map, as defined herein.
(b)
Prepare and present to the Board of Supervisors a Zoning Ordinance
and make recommendations to the Board of Supervisors on proposed amendments
to it.
(c)
Prepare and recommend subdivision and land development and planned
residential development (PRD) regulations and amendments thereto and
make recommendations to the Board of Supervisors on applications submitted
under those regulations.
(d)
Prepare and present to the Board of Supervisors a Building Code
and a Housing Code and make recommendations concerning proposed amendments
thereto.
(e)
Do such other acts or make such studies as may be necessary
to fulfill the duties and obligations imposed by the Pennsylvania
Municipalities Planning Code (Act 247 of 1968, as amended).
(f)
Prepare and present to the Board of Supervisors an environmental
study.
(g)
Submit a recommended capital improvements program to the Board
of Supervisors.
(h)
Prepare and present to the Board of Supervisors a water survey
which shall be consistent with the state water plan and any applicable
water resources plan adopted by a river basin commission conducted
in consultation with any public water supplier in the area to be surveyed.
(i)
Promote public interest in, and understanding of, the comprehensive
plan and planning.
(j)
Make recommendations to governmental, civic and private agencies
and individuals as to the effectiveness of the proposals of such agencies
and individuals.
(k)
Hold public hearings and meetings.
(l)
Present testimony before any Board.
(m)
Require from other departments and agencies of the Township
such available information as relates to the work of the Planning
Commission.
(n)
In the performance of its functions, enter upon any land to
make examinations and surveys with the consent of the landowner.
(o)
Prepare and present to the Board of Supervisors a study regarding
the feasibility and practicability of using renewable energy sources
in specific areas within the Township.
(3)
In the performance of its powers and duties, any act or recommendation
of the Planning Commission which involves engineering considerations
shall be subject to review and comments of the Township Engineer,
which shall be incorporated and separately set forth in any report,
written act or recommendation of the Planning Commission.
C.
Records. The Secretary of the Planning Commission shall keep minutes
of all meetings and shall maintain a file of the Commission's
records which shall be the property of the Township.
The Board of Supervisors may introduce and/or consider amendments
to this chapter and to the Zoning District Map, as proposed by the
Board of Supervisors or by the Planning Commission or by a petition
of a landowner of property within the Township.
A.
Petitions. Petitions for amendments shall be filed with the Planning
Commission at least 10 calendar days prior to the meeting at which
the petition is to be heard. The petitioners, upon such filing, shall
submit a legal description of the property proposed to be rezoned
and a statement justifying the request and shall pay a filing fee,
in accordance with the fee schedule fixed by resolution of the Board
of Supervisors. The Planning Commission shall review the proposed
amendment and report its findings and recommendations in writing to
the Board of Supervisors.
B.
Referral. Any proposed amendment presented to the Board of Supervisors
without written findings and recommendations from the Township Planning
Commission and the Washington County Planning Commission shall be
referred to these agencies for review at least 30 days prior to the
public hearing by the Board of Supervisors. The Board of Supervisors
shall not hold a public hearing upon such amendments until the required
reviews are received or the expiration of 30 days from the date of
referral, whichever comes first.
C.
Posting of property. If the proposed amendment involves a change
to the Zoning District Map, a minimum of two notices of the public
hearing shall be conspicuously posted on the property at least seven
days prior to the date of the public hearing. At least 14 days prior
to the public hearing, the Zoning Officer shall mail a copy of the
notice by first class mail to each property owner within 300 feet
of the entire perimeter of the property, including those located across
a street right-of-way. The cost of mailing the notices shall be paid
by the applicant, if an applicant requests the amendment. If the Township
initiates the amendment, the Township shall pay the cost of mailing
the certified notices.
D.
Public notice and public hearing. Before acting on a proposed amendment,
the Board of Supervisors shall hold a public hearing thereon. Public
notice, as defined by this chapter, shall be given containing a brief
summary of the proposed amendment and reference to the place where
copies of the same may be examined.
E.
Readvertisement and rehearing. If after any public hearing is held
upon a proposed amendment, the amendment is substantially changed
or revised to include land not previously affected by the amendment,
the Board of Supervisors shall hold another public hearing, pursuant
to public notice, before proceeding to vote on the amendment.
F.
Publication, advertisement and availability.
(1)
Proposed amendments shall not be enacted unless the Board of
Supervisors gives notice of the proposed enactment, including the
time and place of the meeting at which passage will be considered
and a reference to the place in the Township where copies of the proposed
amendment may be examined without charge or obtained for a charge
not greater than the cost thereof.
(2)
The Board of Supervisors shall publish the proposed amendment
once in a newspaper of general circulation in the Township not more
than 60 nor less than seven days prior to passage. Publication of
the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Township Solicitor
setting forth all the provision in reasonable detail. If the full
text is not included:
G.
Action. Within 90 days of the date when the public hearing on the
proposed amendment is officially closed, the Board of Supervisors
shall vote on the proposed amendment. In the event substantial amendments
are made in the proposed amendment before voting on enactment of the
amendment, the Board of Supervisors shall readvertise in one newspaper
of general circulation in the Township a brief summary of the amendments
at least 10 days prior to enactment.
H.
Filing amendment with County Planning Commission. Within 30 days
after enactment, a copy of the amendment to this chapter shall be
forwarded to the Washington County Planning Commission.
The Board of Supervisors shall establish and revise, from time
to time, a schedule of fees by resolution, as well as a collection
procedure, for all applications submitted under the provisions of
this chapter. The schedule of fees shall be available to the public
from the Zoning Officer or Township Secretary/Treasurer.
A curative amendment may be filed by a landowner who desires
to challenge, on substantive grounds, the validity of this chapter
or the Zoning District Map or any provision thereof, which prohibits
or restricts the use or development of land in which he has an interest.
A.
Procedure. The landowner may submit a curative amendment to the Board
of Supervisors with a written request that his challenge and proposed
amendment be heard and decided as provided in 53 P.S. §§ 10609.1
and 10916.1 of the Pennsylvania Municipalities Planning Code (Act
247 of 1968, as amended). As with other proposed amendments, the curative
amendment shall be referred to the Township Planning Commission and
the Washington County Planning Commission at least 30 days before
the hearing is conducted by the Board of Supervisors. Public notice
shall be given in accordance with 53 P.S. §§ 10610
and 10916.1 and other applicable provisions of the Pennsylvania Municipalities
Planning Code (Act 247 of 1968, as amended). The hearings shall be
conducted in accordance with the provisions of Subsections (4) through
(8) of 53 P.S. § 10908 of the Pennsylvania Municipalities
Planning Code (Act 247 of 1968, as amended) and all references in
that section to the Zoning Hearing Board shall be references to the
Board of Supervisors.
B.
Evaluation of merits of curative amendment. If the Board of Supervisors
determines that a validity challenge has merit, the Board of Supervisors
may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
alleged defects. The Board of Supervisors shall consider the curative
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(2)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or Zoning District Map;
(3)
The suitability of the site for the intensity of the use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features;
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
C.
Declaration of invalidity in court. If the Township does not accept
a landowner's curative amendment brought in accordance with this
section and a court subsequently rules the challenge has merit, the
court's decision shall not result in a declaration of invalidity
for this entire chapter, but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.